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The October 13,2003 meeting of the Public Works and Property Vacation Committee was called to
order by its Chairperson, Council Member David Varner at 4:37 p.m. in the Council Informal
Meeting Room.
Persons in attendance included Council Members Aranowski,Keiiy,Pfeifer, King, Varner, White,
Kirsits, Coleman and Kuspa; City Engineer Carl Littrell, Anthony Zappia, Michael Danch, Mr.
Morrison,Martha Lewis,Roy Prince, and Council Attorney Kathleen Cekanski-Farrand.
Council Member Varner called for a presentation on Bill No. 74-03 (copy attached) which is a
request to vacate a portion of Circle Avenue from the Norfolk and Western Railroad right-of-way
to the south right-of-way line of Washington Avenue for a distance of approximately 770';as well
as a request to vacate a portion of Circle Avenue form the Penn Central right-of-way to the
north/south portion of Circle Avenue for a distance of approximately 400'. Dr. Varner noted that
this Bill was continued from the September 22nd Committee meeting.
Mr. Anthony Zappia, an attorney with office located in South Bend made the presentation. Mr.
Zappia stated that he represents the petitioners Hurwich Iron Company, Inc., Accent Indiana, Inc.,
and Scott Brothers Construction Company, Inc., who filed a petition to vacate on September 3,
2003 with the City Clerk. He noted that Michael Danch has done much of the paper work on this
project and then provided a map with a legal description of the area in question(copy attached).
Mr. Zappia stated that he has reviewed the September 5, 2003 letter from the Board of Public
Works which includes a favorable recommendation on the proposed vacation (copy attached).
The petitioners concur with the Board's recommendation. He noted that the petitioners who have
joined together in filing the petition will work out among themselves the ingress and egress access
for Scott Brother Construction Company,Inc.
Mr. Zappia then introduced Mr. Morrison,a principal of Hurwich Iron Company,Inc.
Council Member Pfeifer thanked the representative from Hurwich Iron Company,Inc.,for coming
to the community meeting on September 23rd.
Council Member Kirsits inquired about the type of crushing which would take place at this
location. It was noted that it would be concrete crushing. Mr. Zappia added that this Thursday the
Board of Zoning Appeals would act on their special exception request.
In response to a question from Council Member Kirsits, Mr. Zappia noted that they would not
expand over the street, but rather would be able to assist the company in a more orderly,
management of the property. He added that they would use mounds, trees and fencing as part of
the screening in response to a question from Council Member Kuspa.
Following discussion, Council Member King made a motion, seconded by Council Member
Kirsits that Bill No. 74-03 be recommended favorably to Council. The motion passed.
Dr. Varner then called for a presentation on Bill No. 76-03 which is a request to vacate the first
north/south alley east of South Frances Street,the north right-of-way of Quimby Street to the south
end of angles on the east and west of the alley for a distance of approximately 90.5',all of which is
located in the Lesters Subdivision (copy attached). Dr. Varner noted that the request comes from
the Board of Public Works with a favorable recommendation as set forth in their letter dated
Public Works and Property Vacation Committee
October 13, 2003
Page 2
September 22,2003 (copy attached).
Martha Lewis of 308 S. Frances made the presentation. Ms. Lewis stated that she and her
neighbor, Roy Prince who was also present filed a petition to vacate the area in question. Ms.
Lewis noted that the alley has not been graded for over fifteen (15) years and that she and mr.
Prince share in the mowing of it. She noted that the garage is too small to be used and that there
are no access problems resulting from the proposed vacation.
Council Member Pfeifer noted that on one (1) of the handouts attached to the recommendation
received from the Board of Public Works that it lists Rev. Joyner, who is deceased. City Engineer
Carl Littrell stated that that attachment may be disregarded by the Council.
Following discussion, Council Member Aranowski made a motion, seconded by Council Member
King that Bill No. 76-03 be recommended favorably to Council. The motion passed.
There being no further business to come before the Committee, Dr. Varner adjourned the
Committee meeting at 4:48 p.m.
Respectfully submitted,
Council Member David Varner, Chairperson
Public Works and Property Vacation Committee
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Attachments